Single judge High Court granted anticipatory bail in a criminal case involving offences under IPC Sections 401, 413, 414 and 34, subject to conditions like cooperating in trial and verifying antecedents.
Anticipatory bail granted subject to furnishing bail bond of Rs. 10,000 with two sureties and compliance with specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29170 of 2022
Arising Out of PS. Case No.-94 Year-2022 Thana- RAFIGANJ District- Aurangabad
======================================================
Vidyan Kumar S/o Rajendra Mochi @ Rajendra Das R/o Village - Tetarpur, P.S. - Tekari (Panchanpur), District - Gaya (Bihar).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Anita Kumari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 15-11-2022
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within a period of four weeks from today.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 401, 413, 414, 34 of the Indian Penal Code.
According to prosecution case, in short is that the informant saw that three persons on two motorcycles were coming and they were stopped by the informant but one person fled away. They did not produce any relevant papers regarding the said motorcycles and further disclosed that the same are stolen. They disclosed the name of the person who fled away from there as Vigyan Kumar (petitioner).
Patna High Court CR. MISC. No.29170 of 2022(2) dt.15-11-2022 2/3
Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case on the basis of confessional statement of coaccused namely, Rajeev Kumar. He further submits that the petitioner was not present at the place of occurrence and he has no concern at all with the alleged stolen motorcycle and except the confessional statement of co-accused no cogent material has come during the investigation against the petitioner.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries one criminal antecedent other than the present one.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Rafiganj P.S. Case No. 94 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions:-
Patna High Court CR. MISC. No.29170 of 2022(2) dt.15-11-2022 3/3
shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(Rajesh Kumar Verma, J)
mdrashid/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to petitioner apprehending arrest in offences punishable under Sections 401, 413, 414 and 34 IPC.
1 provisions across 1 enactments
Vidyan Kumar
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
